Afcons Infrastructure Ltd. vs Delhi Metro Rail Corporation Ltd.
2020 Latest Caselaw 145 Del

$~ 9
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                         Date of decision: 10.01.2020

+      O.M.P.(MISC.)(COMM.) 8/2020
       AFCONS INFRASTRUCTURE LTD.                ..... Petitioner
                    Through: Mr. Abhishek Birthary and Mr.
                    Prateek Seth, Advocates
                    versus
    DELHI METRO RAIL CORPORATION LTD. ..... Respondent
                  Through: Mr. Tarun Johri, Mr. Ankur Gupta
                  and Mr. Ankit Saini, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)

IA 255/2020 Allowed, subject to all just exceptions.

Application is disposed of.

O.M.P.(MISC.)(COMM.) 16/2020

1. This is a petition under Sections 29A, (4) and (5) of the Arbitration and Conciliation Act, 1996 ('Act'). The arbitration proceedings arise out of a contract dated 28.06.2012 entered into between the parties herein. On 08.05.2018, the Arbitral Tribunal entered upon reference. The statutory period of twelve months expired on 07.05.2019. The pleadings were filed by the parties within a period of six months from the date of first hearing.

2. An application under section 17 of the Act was filed during the interregnum which was heard and disposed of by the Arbitral Proceedings

on 03.12.2018. The matter was thereafter listed for final arguments. However, on the request of the claimant by an order dated 08.03.2019, the Tribunal fixed the schedule for the petitioner to file the evidence. Thereafter, the petitioner has filed the evidence by way of affidavit.

3. During the hearing held on 24.04.2019, the parties agreed to extend the time for completion of the proceedings and passing of the award, by a period of six months, which is recorded in the order dated 24.04.2019 by the tribunal. The six months' period ended on 07.11.2019. On 29.11.2019, the parties before the Tribunal had consented to seek extension of time for completion of the proceedings before this Court.

4. Issue notice.

5. The learned counsel for the respondent accepts notice. The learned counsel for the respondent submits that he has no objection to the petition being allowed and he has already consented before the Tribunal. The learned counsels for the parties jointly submit that the proceedings are at the stage of final arguments and seek a period of six months for completion of the proceedings in passing of the award.

6. With the consent of the parties, the period for completion of the proceedings and passing the award is extended by a further period of six months with effect from 08.11.2019.

7. The petition is allowed in aforesaid terms.

JYOTI SINGH, J JANUARY 10, 2020/yg /